MCC Reviews 2007 Legislative Session

MAY 25, 2007, JEFFERSON CITY, MO – In a legislative session fraught with controversy the Missouri Catholic Conference (MCC) worked with legislators on a range of issues including payday loans, gambling, and taxes. Some of the more hotly debated issues included health care, funding of human life sciences and making English the language of all official proceedings.

Health Care

Lawmakers approved a Medicaid overhaul that renames Medicaid to MO HealthNet. SB 577, sponsored by Sen. Charlie Shields (R-St. Joseph), struggled through the legislature and was finally passed in the last hours of the session. The MCC worked to restore health coverage to the more than 100,000 Missourians who lost health coverage due to the legislature’s 2005 program cuts and was successful in restoring coverage for some, but many still are not covered after the cuts.

SB 577 restores health coverage to 4,000 disabled workers through the Ticket to Work program. The program allows those with disabilities to work without fear of losing their Medicaid benefits. About 6,000 children will now be eligible for the State Children’s Health Insurance Program (SCHIP) by liberalizing the affordability test, which determines whether private insurance is affordable to a family.

Coverage for dental care and eyeglasses was also restored for some beneficiaries. The MCC sought more substantial funding restorations, especially for the working poor but these amendments were defeated. However, the legislature did approve a $14 million infusion into the expansion of federally qualified health centers that provide services to the poor at little or no cost.

Anti-Abortion

HB 1055, sponsored by Rep. Therese Sander (R-Moberly), is an omnibus anti-abortion bill that now awaits Governor Matt Blunt’s signature. The legislation regulates clinics that perform abortions, makes permanent the state Alternatives to Abortion Program, and prohibits abortion providers from providing sex education in public schools. The bill allows public schools to provide sex education programs that focus on abstinence. The MCC supported the bill throughout the process along with other pro-life groups.

The Alternatives to Abortion program provides services during pregnancy and for one year after the birth of the child including prenatal care, medical and mental health care, parenting skills, newborn and infant care, education services, housing, clothing, food, supplies related to pregnancy, newborn care and parenting and adoption assistance. Catholic Charities of St. Louis and Catholic Charities of Kansas City-St. Joseph are among a consortium of faith-based agencies that provide these vital services.

HB 1055 passed through the House of Representatives but languished in the Senate for weeks until the last day of the session. When the bill was finally brought up for debate in the last hours of the session, Senate leadership used extraordinary parliamentary procedures to end all debate on the bill and pass it.

Human Life Sciences

Passage of Amendment 2 did not end legislative debate over human cloning and destructive embryonic stem cell experiments. Although proponents of Amendment 2 claimed to have no interest in taxpayer funds to subsidize their unethical experiments, bills were filed and debated to publicly fund this research. SB 389, sponsored by Sen. Gary Nodler (R-Joplin), proposed selling a portion of the assets of the Missouri Higher Education Loan Authority (MOHELA) in order to finance construction of life science facilities at public universities that could conduct human cloning and other unethical research. Allegedly to placate pro-life concerns, the university life science buildings were dropped from the bill, but instead funding was diverted to the Missouri Technology Corporation (MTC), an entity headed by individuals who bankrolled and promoted Amendment 2. A number of pro-life lawmakers voted for the bill, claiming the bill did not explicitly authorize human cloning or embryonic stem cell experiments.

More than $30 million in funds were directly appropriated to the MTC. Fifteen million dollars came from proceeds of the MOHELA sale, $15 million from the Tobacco Settlement Fund and $123,600 from the Department of Economic Development.

State Rep. Jim Lembke (R-St. Louis County) and Sen. Matt Bartle (R-Lee’s Summit) proposed constitutional amendments to truly ban human cloning in Missouri. If approved by the legislature the measure would have been submitted to voters for their final approval. But lawmakers avoided debate on these issues, and the House Rules Committee, chaired by Rep. Shannon Cooper (R-Clinton), blocked further debate of the House measure. Preparations are now underway to take the question directly to voters through an initiative petition process.

Death Penalty

Several bills relating to the death penalty were considered this session. HB 445, sponsored by Rep. Bill Deeken (R-Jefferson City), sought to place a moratorium on the death penalty until 2011 and form a commission to study the use of the death penalty. Rep. Deeken and several lawmakers stated that while they supported the death penalty they also favored a moratorium in light of new scientific developments that yielded evidence which had exonerated individuals on death row. In spite of MCC support HB 445 was never voted out of the House Crime Prevention and Public Safety Committee, chaired by Rep. Mark Bruns (R-Wardsville).

Another controversial bill related to the death penalty was HB 820, sponsored by Rep. Danie Moore (R-Fulton), which sought to keep the identities of the Department of Corrections execution team confidential. The MCC opposed HB 820 because it prevents accountability and oversight of the execution process. The MCC believes that if the state is to carry out executions, there needs to be public assurance that the execution is being carried out in a competent, professional manner that respects the dignity of all involved. HB 820 cloaks the execution process in a veil of secrecy. HB 820 passed the House of Representatives by a vote of 109-74 with numerous lawmakers voicing the concerns raised by the MCC. When the bill was brought up in the Senate debate was stalled on the bill until legislators opposing the bill agreed to end the filibuster if the legislature would pass language that would grant parole hearings to a select group of women incarcerated for killing their abusive partners. The deal was agreed to and HB 820 now awaits the signature of the governor.

Payday Loans

The MCC supported SB 96, sponsored by Sen. Rita Days (D-St. Louis City), to reform the payday loan industry. A report issued by the Missouri Division of Finance showed that payday loan businesses in Missouri charged an average annual percentage rate of 422%. Missouri has no limit on interest charged for payday loans. In 2005 Missourians paid $317 million in fees and interest on payday loans, second only to California nationally. There are currently 1545 licensed payday loan businesses in Missouri, an increase of 347 from 2005.

SB 96 would have capped interest rates and fees at approximately 36% APR and would eliminate the practice of renewing these loans. The bill was heard by the Senate Financial & Governmental Organizations and Elections Committee, chaired by Sen. Delbert Scott (R-Lowry City), but never was voted on by the committee.

Social Security Tax

The MCC opposed HB 444, sponsored by Speaker of the House Rod Jetton (R-Marble Hill), which created an income tax deduction on Social Security benefits for higher income seniors 62 years of age or older. The deductions would cost Missouri approximately $150 million in lost revenue and would have affected only wealthy seniors whose income was above $80,000 per year. Seventy-two percent of seniors will receive nobenefit from the proposed tax cut, since only higher income bracket seniors pay taxes on these benefits. The MCC argued that the state revenue lost from this tax cut would be better spent restoring vital public services such as Medicaid health coverage. HB 444 passed both chambers and now awaits the governor’s signature.

Do-Not-Resuscitate Act

HB 182, sponsored by Rep. Mark Bruns (R-Wardsville), enacted the Outside the Hospital Do-Not-Resuscitate Act. The MCC supported the bill as it allowed ambulance and other emergency first responders to follow previously stated wishes of terminally-ill patients and their family members by withholding cardiopulmonary resuscitation and allowed terminally ill patients the option to return home to be with their families in the final days of their lives. The bill passed and awaits the governor’s signature.

English Only

Rep. Brian Nieves (R-Washington) sponsored HJR 7, which upon voter approval, would make English the language for all official proceedings in Missouri. The MCC opposed the legislation as it is unnecessary, fosters anti-immigration sentiments, and is potentially dangerous. Prohibiting public officials from speaking a language other than English would endanger people who speak English on a limited basis especially in times of natural disaster.

The bill easily passed the House of Representatives in February, but languished in the Senate for months. On several occasions the bill was brought up for debate, but filibustered by bill opponents. On the final day of the session when the bill was again being debated, legislative leadership used extraordinary parliamentary tactics to end debate and pass the bill which will be submitted to Missouri voters at the November 2008 election.

School Choice

An amendment offered by Sen. Harry Kennedy (D-St. Louis City) would have offered grants to both public and private schools to beef up security and ensure the safety of all school children. The amendment drafted and championed by the Missouri Catholic Conference proposed creation of a Public Safety for All School Children Fund. The Senate adopted the amendment to HB 265, but then failed to give the bill final approval.

The Missouri House defeated HB 808,sponsored by State Rep. Carl Bearden (R-St. Charles), that would have allowed public school students in the City of St. Louis and Kansas City to attend another public school or a private school, including Catholic schools. Rural legislators in particular saw no benefit to their districts in the legislation and they were besieged by public school officials claiming the bill represented a first step toward a statewide voucher program that would damage public schools.

Gambling

SB 430, sponsored by Sen. Charlie Shields (R-St. Joseph), sought to remove the $500 gambling loss limit in order to create the “Smart Start Scholarship Program.” The MCC opposed the legislation removing the $500 loss limit for it would encourage more irresponsible gambling and harm those who gamble excessively and their families. The limit restricts an individual to losses of $500 for each two hours of gambling. With the $500 loss limit, an individual can still loose up to $6,000 per day or $42,000 per week. After hours of debate over many days, the legislation died on the Senate calendar.

Confined Animal Feeding Operations

An attempt to disallow counties from regulating large confined animal feeding operations (CAFOs) stalled in the Missouri Senate and failed to pass. The Missouri Catholic Conference argued the bill, SB 364 sponsored by Sen. Chris Koster (R-Harrisonville), failed to provide state oversight of CAFOs before disallowing local protections. CAFOs are a growing concern to rural residents due to odor problems and the threat of declining property values. Resort and historic communities like Arrow Rock in Saline County, are also concerned about the potential siting of CAFOs in their area. SB 570, sponsored by Sen. Dan Clemens (R-Marshfield), was another CAFO bill which created a commission to the economic impact and regulation of such operations. The bill never passed the Senate.

Minimum Wage

A bill to correct problems in the minimum wage law passed last year by voters stalled in the Missouri House when a House committee, not satisfied with confining itself to technical changes, sought to remove the inflation index that linked the minimum wage to the Consumer Price Index. The MCC opposed removing the inflation index, arguing the index helps the minimum wage to keep pace with the cost of living. The House handler of SB 255, Rep. Scott Muschany (R-St. Louis County), withdrew the bill from consideration on the House floor when it became clear that many lawmakers opposed repealing the inflation index.